Bombay High Court

M/S. KUBER DEVELOPERS THR. ITS PARTNERS MR. SUDAM SOPAN LIPANE AND ORS.versusM/S. LIPANE ASSOCIATES THR. ITS PARTNER MR. DHANANJAY NIVRUTTI LIPANE AND OTHERS

Disposal: Disposed Off
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The court directed the trial court to conclude the trial within one year and disposed of the appeals.

Summary

The appellants and respondents, being the same parties, sought an expeditious disposal of the pending suit without adjudicating the merits. The learned counsel informed the court of this consensus. The High Court, considering the parties' agreement and the interest of justice, directed the trial court to conclude the trial within one year from the date of the order. Accordingly, both appeals were disposed of in accordance with this direction. Any pending applications, if any, were also ordered to be disposed of.

Issues considered

Whether the trial court should be directed to conclude the trial within a specified period in view of the parties' consensus

Subjects

expedited trial
procedural direction
ad idem
interest of justice
civil procedure

Judgment

                                 1                     21-AO-473-25.odt




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIRCUIT BENCH AT KOLHAPUR
           CRIMINAL APPELLATE JURISDICTION


             APPEAL FROM ORDER NO. 473 OF 2025
         WITH INTERIM APPLICATION NO. 11119 OF 2025
           IN APPEAL FROM ORDER NO. 473 OF 2025

          M/S. KUBER DEVELOPERS THR. ITS PARTNERS
            MR. SUDAM SOPAN LIPANE AND OTHERS
                             VERSUS
          M/S. LIPANE ASSOCIATES THR. ITS PARTNER
         MR. DHANANJAY NIVRUTTI LIPANE AND OTHERS
                                ...
        Advocate for Appellant : Mr. Rugwed R. Kinkar h/f.
                                 Mr. Drupad S. Patil
         Advocate for Respondents : Mr. Tanaji Mhatugade
                                ...
          WITH APPEAL FROM ORDER NO. 476 OF 2025

                   GANESH VISHWAS DIMBALE
                              VERSUS
     M/S LIPANE ASSOCIATES, THOUGH ITS DULY AUTHORISED
     PARTNER/ MR. DHANANJAY NIVRUTTI LIPANE AND OTHERS
                                 …
        Advocate for Appellant : Mr. Purshottam Chavan h/f.
                                 Mr. Shubham Harihar Misar
         Advocate for Respondents : Mr. Tanaji Mhatugade
                                 ...

                          CORAM :        SACHIN S. DESHMUKH, J.
                          DATE       :   30-04-2026
PER COURT:-


1.    The learned counsel for the parties, on instructions, submit

that the parties are ad-idem to ensure expeditious disposal of suit,

without pressing the matter on merit.
                                    2                      21-AO-473-25.odt



2.    Considering the consensus between the parties and in the

interest of justice, the learned trial court is requested to expedite

the proceedings.


3.    The   trial   court   shall   endeavor   to   conclude   the   trial

expeditiously in any case, within a period of one year from the

date of this order.


4.    Accordingly, both appeals from order stand disposed of in

terms of the aforesaid directions.


5.    Pending application(s), if any, shall also stand/s disposed of.




                                     [SACHIN S. DESHMUKH, J.]



rrd

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